Terms & Conditions

Welcome to JackRogersUSA.com (the “Site”), owned and operated by Jack Rogers LLC and its affiliates (“Jack Rogers”, “We”, or “Us”).  By accessing the Site, you are agreeing to be bound by these Terms and Conditions of Use (the “Terms”), our Privacy Policy https://www.jackrogersusa.com/pages/privacy , all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Site.

From time to time, Jack Rogers may (a) supplement or make changes to these Terms, access and use procedures, documentation, security procedures, standards for equipment or other rules, (b) change the type and location of Jack Rogers’ system equipment, facilities, or software, or (c) modify or withdraw any particular service or product referred to in the Site or any Jack Rogers database, material, service, or system.  Jack Rogers does not, however, make any commitment to update the Site. Jack Rogers reserves the right to terminate access to the Site or take other actions it reasonably believes necessary to comply with the law or to protect its rights or customers. 

 

YOUR USE OF THE SITE

 

Any access or attempt to access or use the Site for any unauthorized or illegal purpose is strictly prohibited.

Accessing the Site does not grant you a free license to any of the material on the Site. You may only use the Site for your personal, non-commercial transitory viewing and to purchase our products. You shall not copy, reproduce, republish, download, upload, post, transmit, or distribute any material from the Site.  

 

YOU REPRESENT AND WARRANT THAT ANY POSTING MADE BY OR FOR YOU TO THE SITE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR, OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE, OR DATA OF OR ANY OTHER USER OF ANY JACK ROGERS INFORMATION, SERVICES, DATABASES, MATERIALS, OR SYSTEM.

You are prohibited from violating or attempting to violate the security of the Site and from using the Site to violate the security of other sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Jack Rogers packet header or any part of the header information in any e-mail, instant message, text message or social media posting. Violations of system or network security may result in civil or criminal liability.  Jack Rogers may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.

OUR RIGHTS

Except as otherwise identified, the trademarks, including names, logos, slogans, and service marks, appearing at the Site, whether registered or unregistered (collectively “Marks”), are the property of Jack Rogers.  Such Marks, or any marks confusingly similar thereto, are not to be copied, reproduced, published, or in any way used without the written permission of Jack Rogers or the identified owner of the trademark.

 Except as otherwise identified, all rights, including but not limited to, all copyrights, in and to all content of the Site, including but not limited to, text, artwork, images, logos, and photographs, is owned by Jack Rogers. No part of the Site may be published, stored, or transmitted in any form or means without the express written permission of Jack Rogers.

 By agreeing to these Terms, you agree not to display or use any Jack Rogers intellectual property without prior permission from Jack Rogers.

Without Jack Rogers’ prior written consent, which may be given or withheld at Jack Rogers’ sole discretion, you may not: (a) resell, sublicense, rent, lease, or otherwise publicly distribute any Jack Rogers information, services, materials, database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to the Site or Jack Rogers’ information, services, materials, database, or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use or access the Site or any Jack Rogers information, services, materials, database, or system in violation of, or post any information to any Jack Rogers owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party, or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any Jack Rogers information, service, material, database, or documentation, except as permitted by Jack Rogers; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate, or convert any portion of Jack Rogers’ databases or system, or the selection, coordination, or arrangement of products or services in any Jack Rogers database. Jack Rogers does not authorize the purchase of merchandise for resale.  To enforce this, we may in our sole discretion, limit or cancel quantities purchased. We reserve the right to put a stop on orders that involve distributors or resellers.  This policy applies to both JackRogersUSA.com as well as all Jack Rogers retail stores.

Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.

 Jack Rogers reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.

ERRORS AND INACCURACIES

 We strive to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

 Although Jack Rogers has made every effort to display the products and their colors and features as accurately as possible, the DISPLAYED colors and features of the products will depend upon your particular monitor or the screen of your mobile device. We therefore cannot guarantee that your monitor or mobile device screen will accurately portray the ACTUAL colors and features of the products.

 FINAL SALE PRODUCTS ARE FINAL SALE, AND YOU ARE NOT ENTITLED TO A REFUND EVEN IF YOU CLAIM SUCH A DISCREPANCY. FOR NON-FINAL SALE PRODUCTS, If YOU BELIEVE THAT a product offered by US is not as described, your sole remedy is to return it TO US FOR A REFUND.

DISCLAIMERS

 Jack Rogers does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Site, nor the quality of any products, information, or other materials or services displayed, obtained, or purchased by you as a result of your use of the Site or any Jack Rogers service, database, materials, or system. Jack Rogers does not warrant that any of the materials on the Site are complete or current. The materials appearing on the Site could include technical, typographical, or photographic errors. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Jack Rogers reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of the Site or any Jack Rogers’ service, database, materials, or system at any time, with or without notice to you.

The information on this Site does not constitute a binding offer to sell products described on the Site. Jack Rogers reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases.

ALL INFORMATION, PRODUCTS OR CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. JACK ROGERS DOES NOT WARRANT THAT ANY INFORMATION, PRODUCT, CONTENT, OR OTHER MATERIAL FOUND ON OUR SITE IS COMPLETE, ACCURATE, RELIABLE OR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY JACK ROGERS PRODUCT, SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS, OR DATA USED WITH OR THROUGH OR PROVIDED BY JACK ROGERS, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, PRODUCTS, SERVICES, SYSTEMS, DATABASES, OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL JACK ROGERS AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SITE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE SITE, ANY JACK ROGERS INFORMATION, PRODUCT, SERVICE, OR PART THEREOF.  YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING, AND BREAK-INS AND THAT WHILE JACK ROGERS WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, JACK ROGERS DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE.  YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS, AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS.  YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THE SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS, OR OTHER MATERIAL.

NEITHER JACK ROGERS NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES, OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES, DAMAGES, OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED SITE, OR ANY JACK ROGERS INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, OR THE FAILURE, NON-COMPLIANCE, OR LIMITED AVAILABILITY OF ANY INFORMATION, PRODUCT, CONTENT, OR SERVICE PROVIDED BY JACK ROGERS THROUGH THE SITE, ANY INFORMATION PROVIDED IN THE JACK ROGERS SYSTEM, OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THE SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT JACK ROGERS IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

THIRD PARTY WEBSITES

Jack Rogers has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked Site.  The inclusion of any link does not signify endorsement by Jack Rogers of the Site.  Use of any such linked Site is at the user's own risk.

USER CONTENT

By sharing photos on Instagram, Twitter, Facebook with the hashtag #lovemyjacks, or #JackRogers directly uploading photos to JackRogersUSA.com, or by responding to our photo rights request with the hashtag #sharemyjacks, you are agreeing to the following:

As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos. We have no obligation to actively monitor the User Content, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any User Content. All User Content express the views and opinions of the user and does not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

You grant permission and license to us and any of our affiliates, successors, licensees, or assigns (collectively “Jack Rogers Parties”) to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for the Jack Rogers Parties’ marketing purposes in all media now known or hereafter devised, including but not limited to catalogs, email, and other customer communications, store materials, social media, and other marketing. The Jack Rogers Parties may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Jack Rogers. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You represent and warrant that: (a) You will not upload, post, email or otherwise transmit any User Content that is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; or (b) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (b) you own all rights to your User Content or, alternatively, that you have the right to give the Jack Rogers Parties the rights described above; (c) you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and (d) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

 We may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.

You acknowledge that User Content becomes public information. You should not post any User Content that contains any materials or information that you do not want to be made public.

INDEMNIFICATION

 YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE USING YOUR COMPUTER, MOBILE DEVICE, OR INTERNET ACCESS ACCOUNT.

DISPUTE RESOLUTION

Any disputes arising out of or regarding these Terms of Use will be governed by the laws of the State of New York, applicable to agreements made and performed in New York. Except where prohibited by law, you further agree that any and all disputes and causes of action arising out of your use of the Site, the Terms of Use, and/or the Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in New York, New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute between you and us, including with respect to the interpretation of any provision of the Terms of Use or Privacy Policy, or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Manhattan, New York City, New York.

 

Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

 

Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of the Terms of Use or Privacy Policy, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

 Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with Jack Rogers remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

 Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. 

Subject to the requirement for arbitration hereunder, in any action arising out of or relating to the Terms of Use or Privacy Policy, the laws of the State of New York shall be applied, without regard to choice of laws.

Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

NOTICE FOR CALIFORNIA USERS

 Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

In addition, we are located at 1412 Broadway Suite 1600, New York, New York, 10018 and may be reached by email at Customerservice@jackrogersusa.com or telephone at 201-685-3836. Please contact us to resolve any issues with our Site that you may have.

 

TERMINATION

Jack Rogers may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the platform at any time and for any reason, without any liability to you or any third parties, subject to applicable law.    

To contact us with any questions in connection with these Terms, please refer to the Contact Us page on JackRogersUSA.com.

Updated January 28, 2019